Defending a claim in court

System

Fosterdog wrote: »

The fact that it is another member of staffs job is irrelevant, it is the business owner who would be liable. If you are the other artists employer then she is correct to name you, if you are just another employee then she is incorrect.

Unless she has medical evidence to prove that the tattoo made her ill then her case is weak whether she has submitted it against the right person or not.

I wouldn't assume that, self employment is common in these sorts of situations. There may be no employer to sue.

nikki5

mutzi wrote: »

I wouldn't assume that, self employment is common in these sorts of situations. There may be no employer to sue.

That's actually the case here, everyone is renting a room in this shop, and we're all self employed.

nikki5

Fosterdog wrote: »

The fact that it is another member of staffs job is irrelevant, it is the business owner who would be liable. If you are the other artists employer then she is correct to name you, if you are just another employee then she is incorrect.

Unless she has medical evidence to prove that the tattoo made her ill then her case is weak whether she has submitted it against the right person or not.

We're actually all self employed here, I'm renting a room in the shop just like the other person who actually did the job. Would the business owner still be liable in this case?

System

No, the buck stops with the self-employed person. Whoever did the work is responsible for it. If this wasn't you, that's your defense.

nikki5

mutzi wrote: »

How is that worded on the claim?

The claimant says the tattoo is nothing like what she's paid for, it's caused her depression, now she wants refund and compensation for the whole ordeal and the fact that she's got depression.

DCFC79

[STRIKE][/STRIKE]If you wanted too I'm sure you could write down what you want to say to take it into court with you with it being your first time.[STRIKE][/STRIKE]

KeithP

DCFC79 wrote: »

If you wanted too I'm sure you could write down what you want to say to take it into court with you with it being your first time.

It is not a good idea to rely on that.

A formal defence has to be lodged with the court before any hearing takes place.

DCFC79

KeithP wrote: »

It is not a good idea to rely on that.

A formal defence has to be lodged with the court before any hearing takes place.

Ok cool.
Thanks for the tip.

IAmWales

nikki5 wrote: »

The claimant says the tattoo is nothing like what she's paid for, it's caused her depression, now she wants refund and compensation for the whole ordeal and the fact that she's got depression.

That's a different story to a change of heart. Could the tattoo be different to what she asked for? It's certainly not as straightforward as you think. But that's not for you to worry about.

Your defence is that you are not a party to the claim. You need to state that you work on a self employed basis on the premises that the claimant had her tattoo. The tattoo was done by another self employed person. You have no legal or financial interest in the business, nor in the business of the tattoo artist in question. You may choose to name the other artist, if you don't the court may ask you.

Don't go into the merits of her claim. They are irrelevant to your position and will only cloud the issue.

nikki5

IAmWales wrote: »

That's a different story to a change of heart. Could the tattoo be different to what she asked for? It's certainly not as straightforward as you think. But that's not for you to worry about.

The tattoo looks really good, if it was bad, I wouldn't mind stating that here.

Your defence is that you are not a party to the claim. You need to state that you work on a self employed basis on the premises that the claimant had her tattoo. The tattoo was done by another self employed person. You have no legal or financial interest in the business, nor in the business of the tattoo artist in question. You may choose to name the other artist, if you don't the court may ask you.
Don't go into the merits of her claim. They are irrelevant to your position and will only cloud the issue.

Would the court go after the business owner if they're able to get in touch the tattoo artist?